Legislative Branch Powers of Congress

Did you know… No government agency can spend money without the approval of Congress

Powers Powers are enumerated (Article 1, Section 8) Implied Powers Expressed Powers Ex: Clause 5 states: “The Congress shall have the power. . . To coin money” Implied Powers Elastic Clause Ex: Article 1, Section 8, Clause 18 states: Congress shall have the power to do whatever is “necessary and proper” to carry out expressed powers.

Powers Making Laws Raising & Spending Money Regulating commerce Dealing with foreign countries

Selected Expressed Powers Selected Implied Powers Money Powers Lay and collect taxes to Provide for the defense and general welfare of the United States (Clause 1) Borrow Money (Clause 2) Establish Bankruptcy laws (Clause 4) Coin, print, and regulate money (Clause 5) Punish Counterfeiters of American currency (Clause 6) Money Powers Lay and collect taxes implies the power to support public schools, welfare programs, public housing, etc. Borrow Money implies the power to maintain the Federal Reserve Board

Selected Expressed Powers Selected Implied Powers Commerce Powers Regulate Foreign and Interstate Commerce (Clause 3) Commerce Powers Regulate commerce implies the power to prohibit discrimination in restaurants, hotels, and other public accommodations.

Powers Military and Foreign Policy Powers Selected Expressed Powers Selected Implied Powers Military and Foreign Policy Powers Declare War (Clause 11) Raise, support, and regulate an army and navy (Clauses 12, 13, & 14) Provide, regulate, and call into service a militia, known as the National Guard (Clauses 15 & 16) Punish acts committed on International waters and against the laws of nations (Clause 10) Military and Foreign Policy Powers Raise and support an army implies the right to draft people into armed services

Powers Other Legislative Powers Selected Expressed Powers Selected Implied Powers Other Legislative Powers Establish laws of naturalization (Clause 4) Establish post office and post roads (Clause 7) Grant copyrights and patents (Clause 8) Create lower federal courts (Clause 9) Govern Washington, DC (Clause 17) Provide for laws necessary and proper for carrying out of all other listed powers (Clause 18) Other Legislative Powers Establish laws of naturalization implies the power to limit number of immigrants to the United States

Nonlegislative Powers Congress often checks over other departments of government as part of its nonlegislative powers Proposing amendments to Constitution Approve/reject presidents nominees for various offices ie: Supreme Court justices, federal judges, and ambassadors Why do you think the framers of the Constitution did not leae judicial appointments to the president alone?

Nonlegislative Powers Impeachment Used sparingly, most often with federal judges Only 2 presidents have been impeached What is impeachment?

Power Limitations Writ of Habeas Corpus Bills of Attainder Ex Post Facto laws

Checks & Balances Supreme Court can declare laws established unconstitutional President can veto laws, but… If both houses of Congress can muster two-thirds vote, they can override president’s action.

Representing the People Legislative Branch Representing the People

Qualifications and Privileges Senate: 30 years old, live in state you plan to represent, and US citizen for 9 years. House of Representatives: 25 years old, live in the state they represent, and have been a US citizen for at least 7 years. Makeup of Congress: Nearly ½ are lawyers Almost all have college degrees More likely than average citizen to be active in Community Organizations

Qualifications and Privileges Salary: Last salary increase took place in 2009 Senators & Representatives 2013: $174,000 Speaker of the House 2013: $223,500 House & Senate Majority & Minority Leaders 2013: $193,400 Other Privileges: immunity, or legal protection, in certain situations. Allows them to say or do what they feel is right without interference from outsiders. Does not mean they are free to break the law.

Behind-the-Scene Helpers Personal Staff: run offices in DC as well as one or more offices in Congressional member’s home district. Gather information on new bills & issues Handle requests for help from voters Deal with reporters and lobbyists Use Interns in addition to professional staffers. What are lobbyists?

Behind-the-Scene Helpers Committee Staff – handle day-to-day chores. Draft bills, gather information, organize committee hearings, negotiate with lobbyists. Support Services – Agencies to support its work. ie: Library of Congress Finance & Budget General Accounting Office (GAO) Congressional Budget Office (CBO)

Congress at Work Lawmaking Casework Public Works Grants & Contracts Handling district/state requests for help from federal govt Public Works ie: post offices, dams, military bases, veterans hospitals, mass transit. Grants & Contracts Using Influence

Helping District/State with Grants & Contracts Pork-Barrel Projects Writing personally beneficial issues into larger, federal grants Congress dips into “pork barrel” (federal treasury) and pulls out a piece of “fat” (federal project for his/her district)